Agency contract terms

[LlareGgub]

My recent experience of a couple of agents, one well known, another less so, is that they are keen to put you in front of clients etc., but not at all interested in negotiating reasonable commercial terms.

Having had two successful interviews leading to firm offers from clients in the past month, both of which I have had to turn down due to unreasonable agency contract terms, I would welcome suggestions as to any reasonable agents through which to provide services.

Quite apart from IR35 issues, contractors need to be aware that many standard agency contracts contain one-sided provisions that favour the agency and the client. Particular areas include, but are not limited to: intellectiual property rights and indemnities, confidentiality, force majeure and consequential losses; all of which tend to be written wholly in the agents' favour. Apart from failing in my directorial duties by signing the contract, my PI insurance would not cover the risks.

Any examples of agencies using reasonable terms would be appreciated.

[Emperor Dalek]

I have never known an agent who would rather lose the gig than make reasonable changes to a contract.

I would respectfully suggest that either you are asking for swingeing changes or are dealing with the likes of Computer People, Huxley and so on (the body shop agencies).

[IT contract agent]

agree totally - can’t believe agencies would lose a deal over reasonable requests to change their contract -

You're not by any chance paying somebody to check your contracts are you?

[Mordac]

agree totally - can’t believe agencies would lose a deal over reasonable requests to change their contract -

You're not by any chance paying somebody to check your contracts are you?

And why shouldn't he do that? Why trust a potentially large IR35 liability to the say-so of an agent, who almost certainly knows nothing about IR35, when B&C (and others) will check the contract and highlight any issues? Only a complete moron would consider that a bad idea.

[malvolio]

But I thought we'd already demonstrated that Mr IT Contract Agent is either wofully ignorant of his own industry or just a bad wind-up merchant. I hope it's the latter, but I have to tend more to the former with each posting

[Mordac]

But I thought we'd already demonstrated that Mr IT Contract Agent is either wofully ignorant of his own industry or just a bad wind-up merchant. I hope it's the latter, but I have to tend more to the former with each posting

Well he did admit he couldn't be bothered to read the Agency regs, relying instead on what he thought they contained.
All I can say is I'm glad he's not my agent.

[IT contract agent]

And why shouldn't he do that? Why trust a potentially large IR35 liability to the say-so of an agent, who almost certainly knows nothing about IR35, when B&C (and others) will check the contract and highlight any issues? Only a complete moron would consider that a bad idea.

because it makes you guys appear fools!!! that’s why!! when you come back to us suggesting we add irrelevant clauses into contracts! and you want these changes to a contract because somebody who you're paying needs to be seen to be doing something.

re myself -I'm here to be a salesman and that’s what I do - better you guys get back to playing chess or chatting about C++ or something!

[janey]

Mr IT Contract Agent is either wofully ignorant of his own industry or just a bad wind-up merchant

All I can say is I'm glad he's not my agent

re myself -I'm here to be a salesman

hmmm, would seem the "sales" ain't working too well!

[Mordac]

because it makes you guys appear fools!!! that’s why!! when you come back to us suggesting we add irrelevant clauses into contracts! and you want these changes to a contract because somebody who you're paying needs to be seen to be doing something.

re myself -I'm here to be a salesman and that’s what I do - better you guys get back to playing chess or chatting about C++ or something!

If you knew anything about IR35 you'd know such clauses are far from irrelevant. So we've now established you know feck all about both IR35 and the Agency regs. Yet you persist in claiming to be knowledgable on the subject of IT Recruitment. I don't see how you can be such a great salesman when you have no grasp of two of the main issues facing contractors. I'm sure you could sell a clueless BoS contractor into a client, but a serious Ltd Co contractor is going to get the contract checked (because it costs a lot less than paying IR35) and if it comes back a fail, and the agency won't make changes, I would bet most on here would turn it down. Certainly in the current market.
Can you give us a clue as to which agency you work for, so we can mark it down as one to avoid

[DodgyAgent]

[QUOTE=IT
re myself -I'm here to be a salesman and that’s what I do - better you guys get back to playing chess or chatting about C++ or something![/QUOTE]



you tell em!